The Draft Of Trademark Registration Application Is Encouraged To Adopt Black And White Manuscript.

In the practice of supervision of trademarks in the industry and Commerce Department, in the actual use of trademarks registered in black and white, as long as you do not change the characters, graphics or combinations of trademarks, adding any color to your text, graphics or combinations is not a violation of trademark laws and regulations, because the trademark law does not stipulate that the registered trademarks can not be added to the use of color.

Because once a trademark has been registered successfully, the trademark registration certificate has been obtained. In actual use, no change can be made to the trademark logo approved and registered, neither can it change any graphics, text or any combination, nor can it change the specified color.

Therefore, it is advocated to handle.

When applying, use black and white manuscripts to avoid trademark signs.

The use of trademark after registration.

For specified use

A registered trademark can not change its color when it is used as a registered trademark, otherwise it will be a violation of trademark laws and regulations.

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China's trademark law stipulates that if a interested party considers that a trademark with a preliminary approval announcement infringes on its prior rights, it may apply to the Trademark Office for objection within 3 months from the date of the preliminary verification announcement, and requests the Trademark Office to rule that the trademark shall not be approved for registration.

Case: objection AUCMA AOTM Limited by Share Ltd objected to the Trademark No. 9049531st of the East Ling Tong Intellectual Property Agency (hereinafter referred to as the "disputed trademark").

The dissenters considered that the Trademark No. 3348174th AUCMA AUCMA, which was first registered, is a well-known trademark (hereinafter referred to as the citation mark), which has a high reputation and influence.

Disputed trademarks and quoted trademarks constitute similar trademarks used on similar services, which constitute the duplication and imitation of the dissenters' trademarks. The registration and use of the disputed trademarks are likely to constitute consumers' confusion and misrecognition, so they should not be approved for registration.

Beijing Dong Ling Tong Intellectual Property Agency Service Co., Ltd. believes that the registration and use of objected trademarks do not infringe the rights of dissenters to well-known trademarks.

Disputed trademarks and citation trademarks do not constitute similar trademarks in the sense of trademark law.

"AOTM" specifies the use of services as the thirty-fifth category: "advertising; franchising business management; business management assistance; outdoor advertising; search for sponsorship".

The dissenter quoted 3348174th registered AUCMA AUCMA trademark as the thirty-fifth category of "advertising communication", "advertising agency" and so on.

The Chinese character part of "AOTM" is "Ao Ma Ma", and the dissenter cites the trademark Chinese character as "AUCMA".

The first and last words of the two trademarks are the same. The middle part is "special" and "Ke". Their characters, calls and meanings are different. Therefore, the trademarks of the two sides are different from each other in terms of word composition, call, meaning and so on, and they do not constitute similar trademarks which are used on the same or similar services.

Accordingly, the trademark office considers that the registration and use of the disputed trademarks will not cause confusion and misrecognition. The dissenters are copied by the trademark of "AOTM", and the evidence is not enough to imitate the well-known trademark.

And according to the thirty-third provision of the Trademark Law of the People's Republic of China, the reason for objection is not established. The trademark "9049531st AOTM" is approved and registered.